§ 6-1.1-42-12 — Designation of brownfield revitalization zone

(a) The designating body shall determine
whether an area should be designated a brownfield revitalization zone.
(b) A designating body may designate an area as a brownfield
revitalization zone only if the following findings are made in the
affirmative:
(1) The applicant:
(A) has never had an ownership interest in an entity that
contributed; and
(B) has not contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of
the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management.
(2) The area described in section 8 of this chapter qualifies as a
brownfield, as determined under the written standards adopted by
the department of environmental management.
(3) The area described in section 8 of this chapter is substantially
under-utilized or nonproductive without remediation.
(4) The applicant can successfully obtain a certificate of
completion of a voluntary remediation for the area described in
section 8 of this chapter under IC 13-25-5-16.
(5) The estimate of the value of the remediation and
redevelopment is reasonable for projects of that nature.
(6) The estimate of the number of individuals who will be
employed or whose employment will be retained can be
reasonably expected to result from the proposed described
remediation and redevelopment.
(7) The estimate of the annual salaries of those individuals who
will be employed or whose employment will be retained can be
reasonably expected to result from the proposed described
remediation and redevelopment.
(8) Any other benefits about which information was requested are
benefits that can be reasonably expected to result from the
proposed described remediation and redevelopment.
(9) The totality of benefits is sufficient to justify the establishment
of a zone.

Legislative History

As added by P.L.59-1997, SEC.1. Amended by P.L.119-1999, SEC.3.